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Removing Clamp From Car? What You Need To Know

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By
Scott
Scott Nelson Profile Picture

Scott Nelson

Managing Director

MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.

Learn more about Scott
&
Janine
Janine Marsh Profile Picture

Janine Marsh

Financial Expert

Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.

Learn more about Janine
· Mar 20th, 2024
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removing clamp from car

Has your car been clamped by the DVLA, and you’re not sure what to do next? This is the right article for you. 

Every month, over 130,000 people visit our website seeking advice on fines and parking tickets, and the DVLA reports that over 11 million parking tickets were issued last year, which is up by 29% year on year!1 You’re not the only one in this situation.

In this article, we’ll provide you with simple and straightforward advice on:

  •  When your car can be clamped.
  •  What you need to do if your car is clamped.
  •  How long a bailiff can clamp your car.
  •  What happens if you remove a wheel clamp yourself.
  •  Your rights when your car is clamped.

While it might be tempting to remove the clamp yourself, this can lead to serious legal problems. So, before you do anything, read this article thoroughly.

We’re here to help you understand the rules and make the best decision for your situation.

56% of Ticket Appeals Succeed

In some circumstances, you might have a legitimate reason not to pay your parking fine.

It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.

Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.

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*According to Martin Lewis, 56% of people who try to appeal their ticket are successful and get the charge overturned, so it’s well worth a try. In partnership with Just Answer.

When can your car be clamped?

Your car cannot be clamped, blocked, or towed away when parked on private land unless the person has the lawful authority to do so.

Wheel clamping is part of parking enforcement carried out by lawful authorities.

A lawful authority could be:

  • The Police
  • DVLA
  • Local councils/authorities

All of the above have the power to clamp your car if it’s incorrectly parked (or untaxed) under the Vehicle Seizure Regulations.

DVLA car clamping rules include when cars are untaxed.

POPLA is working hard to address issues that cause unfair parking fees. Main issues are often with technology and third party ticket issuers.2

What are your rights when your car is clamped?

You have the right to challenge a decision to clamp your vehicle.

Appealing a car clamp means establishing who clamped your vehicle.

I suggest you contact the telephone number on the wheel clamp and ask for it to be released.

Next, you should:

  • Take pictures of where your car is parked
  • Take pictures of the wheel clamp

These can be used as evidence if needed.

It is against the law for a private company to place a clamp on a vehicle on private land in Scotland.

If you find they have, I suggest you call the Police.

Janine, our financial expert, advises to formally appeal a parking ticket within 28 days of receipt, providing evidence such as a photo of your car’s registration number if the PCN is incorrect.

Successful Appeal Case Study

Situation

Initial Fine £100
Additional Fees £171
Total Fine £271

The Appeal Process

Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.

Total Fine £271
Cost of legal advice £5

JustAnswer helped Scott craft the best appeal possible and he was able to win his case.

Scott’s fine was cancelled and he only paid £5 for the legal help.

Get started

In partnership with Just Answer.

How long before a clamped car is removed?

According to the DVLA, the amount due should be settled within 24 hours.

A vehicle should typically be unclamped within 24 hours after this.

Can you remove the wheel clamp yourself?

No. It’s an offence to remove a wheel clamp under Section 68.1 of Schedule 12 (TCEA 2007).

You could be sent to prison or fined for removing the wheel clamp.

Note: Only a court can rule whether a bailiff acted legally or not when they clamp your car!

Getting the support of a Solicitor can take a huge weight off your mind.

Get started

Reviews shown are for JustAnswer.

What happens if you remove a wheel clamp?

An enforcement agent will inform the Police, who will try to find the vehicle using ANPR.

If the Police find the car, they will impound it.

Plus, you risk being arrested!

How long can a bailiff clamp your car for?

Once your car is clamped by a bailiff, you have 2 hours to pay what you owe.

After this, the bailiff can take your vehicle providing they follow the vehicle towing rules UK.

Note: Bailiffs cannot charge you a removal fee (sale stage fee) unless the 2 hours have elapsed (Regulation 18.5)

» TAKE ACTION NOW: Get legal support from JustAnswer

Is it illegal to clamp on private property?

The Protection of Freedoms Act rules that it is illegal to clamp or tow a motor vehicle away when it’s parked on private land.

That is unless there is lawful authority to do so!

I suggest you:

  • Check who clamped your car to establish whether it’s one of the car clamping companies
  • Make sure it’s not the Police or DVLA
  • Do not attempt to remove the wheel clamp yourself, which could lead to a prosecution

Next, contact the number on the wheel clamp and request it be removed.

Note: Landowners/parking operators can issue Parking Charge Notices, but they cannot clamp cars!

Hire a Parking Solicitor for less than a coffee.

If you’re thinking about appealing your parking ticket then getting some professional advice is a good idea.

Getting the support of a Solicitor can make your appeal much more likely to win.

For a £5 trial, Solicitors from JustAnswer can look at your case and help you create an airtight appeal.

Try it below

Get started

In partnership with Just Answer.

References

  1. AC Foundation – Parking Tickets Statistics
  2. POPLA — Parking on Private Land Appeals Annual Report
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The authors
Scott Nelson Profile Picture
Author
MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.
Janine Marsh Profile Picture
Appeals Expert
Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.